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2 | 2 | | HOUSE DOCKET, NO. 125 FILED ON: 1/6/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3440 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Bud L. Williams |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act the Commonwealth housing, economic, education and equity in recovery and |
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13 | 13 | | reconstruction. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Bud L. Williams11th Hampden1/6/2025 1 of 18 |
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17 | 17 | | HOUSE DOCKET, NO. 125 FILED ON: 1/6/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3440 |
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19 | 19 | | By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 3440) of |
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20 | 20 | | Bud L. Williams relative to housing, economic, education and equity in recovery and |
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21 | 21 | | reconstruction in the Commonwealth. State Administration and Regulatory Oversight. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 3131 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act the Commonwealth housing, economic, education and equity in recovery and |
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30 | 30 | | reconstruction. |
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31 | 31 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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32 | 32 | | address stark racial, social, and economic disparities, therefore it is hereby declared to be an |
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33 | 33 | | emergency law, necessary for the immediate preservation of the public health. |
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34 | 34 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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35 | 35 | | of the same, as follows: |
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36 | 36 | | 1 SECTION 1. Whereas Black and Latino residents of the Commonwealth have been |
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37 | 37 | | 2impacted in ways disproportionate to their respective numbers in the population; and, the |
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38 | 38 | | 3disparate impacts of the coronavirus pandemic of 2020 has revealed in stark ways existing social |
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39 | 39 | | 4and economic disparities, which Black and Latino residents have endured for far too long; it is |
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40 | 40 | | 5the intention of the general court, during the recovery from the pandemic and after, to take |
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41 | 41 | | 6meaningful actions to redress said disparities and the social and economic determinants that are |
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42 | 42 | | 7at the root of them. To achieve the purposes as stated in this section and sections 2 through 8, 2 of 18 |
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43 | 43 | | 8inclusive, this Act shall be known as the Commonwealth Housing, Economic, Education and |
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44 | 44 | | 9Equity in Recovery and Reconstruction Act or the CHEEERR ACT. |
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45 | 45 | | 10 SECTION 2. As used in sections 2 through 13, inclusive, the following words shall, |
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46 | 46 | | 11unless the context clearly requires otherwise, have the following meanings:— |
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47 | 47 | | 12 “Agencies”, non-profit organizations located and operating within disparately impacted |
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48 | 48 | | 13communities with whom the commission may enter into contracts pursuant to section 9 for the |
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49 | 49 | | 14operation of corps projects. |
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50 | 50 | | 15 “Commission”, the commonwealth corps commission established pursuant to section |
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51 | 51 | | 16 “Bureau”, the Massachusetts Bureau on Social and Economic Equity in Recovery and |
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52 | 52 | | 17Reconstruction established pursuant to section 3. |
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53 | 53 | | 18 “Corps”, the commonwealth housing, economic, education and equity in recovery and |
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54 | 54 | | 19reconstruction service corps or CHEEERRS corps established pursuant to section 11. |
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55 | 55 | | 20 “Corps members”, individuals who commit to no more than 24 months of full or part- |
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56 | 56 | | 21time service in the commonwealth service corps pursuant to section 12. |
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57 | 57 | | 22 “Corps projects”, programs established pursuant to this act to satisfy unmet community |
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58 | 58 | | 23needs. |
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59 | 59 | | 24 “Disparately impacted community”, shall mean (a) a defined geographic area in which |
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60 | 60 | | 25Black and Latino residents whose rate of infection for the coronavirus exceeds their |
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61 | 61 | | 26proportionate share of the population of said geographic area as of May 1, 2020; or, (b) a |
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62 | 62 | | 27medically underserved community or (c) low and moderate income community; or, (c) an |
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63 | 63 | | 28educationally disadvantaged community; 3 of 18 |
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64 | 64 | | 29 “Educationally disadvantaged community”, shall mean a local school district in which the |
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65 | 65 | | 30percentage of children attending school in the district eligible for free or reduced cost lunches |
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66 | 66 | | 31under eligibility guidelines promulgated by the federal government under 42 USC 1758 exceeds |
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67 | 67 | | 32the forty percent; |
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68 | 68 | | 33 "Low and moderate income community", a geographic area, within a city or town, |
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69 | 69 | | 34consisting of either (a) three or more contiguous census tracts or (b) a zip code or (c) a |
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70 | 70 | | 35neighborhood, in which either: (1) a majority of the households are low and moderate income |
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71 | 71 | | 36households as defined herein; or (2) the unemployment rate is at least 20 per cent higher than the |
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72 | 72 | | 37annual statewide average unemployment rate where such statewide unemployment rate is less |
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73 | 73 | | 38than or equal to 5 per cent; provided that, if the annual statewide average unemployment rate is |
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74 | 74 | | 39greater than 5 per cent, the community's unemployment rate need only be 10 per cent higher; |
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75 | 75 | | 40 "Low and moderate income households", households which have incomes that do not |
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76 | 76 | | 41exceed 80 per cent of the median income for the area, with adjustments made for smaller and |
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77 | 77 | | 42larger families, as such median shall be determined from time to time by the Secretary of |
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78 | 78 | | 43Housing and Urban Development pursuant to 42 USC section 1437(a)(B)(2); |
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79 | 79 | | 44 “Medically underserved community”, shall have the same meaning as used pursuant to |
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80 | 80 | | 45section 799B of the Public Health Service Act (42 U.S.C. 295p); and, |
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81 | 81 | | 46 “Small business”, shall mean a business (i) owned or controlled by a Black or Latino |
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82 | 82 | | 47individual or individuals (ii) whose annual net revenue is less than $5,000,000 and (iii) located in |
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83 | 83 | | 48a low or moderate income community. 4 of 18 |
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84 | 84 | | 49 “Unmet community needs”, needs including, but not limited to, those pertaining to |
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85 | 85 | | 50education, public health, public safety, the environment and other human needs in underserved |
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86 | 86 | | 51populations in disparately impacted communities in the commonwealth. |
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87 | 87 | | 52 SECTION 3. (a) There shall be a Massachusetts bureau on social and economic equity in |
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88 | 88 | | 53recovery and reconstruction, in this section and in sections 4 through 15, inclusive, called the |
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89 | 89 | | 54bureau. Said bureau shall consist of an administrator and an advisory council, as described in |
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90 | 90 | | 55section 15. The administrator shall be appointed by the governor pursuant to paragraph (b), shall |
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91 | 91 | | 56serve a term of five years, and shall be removed only for cause. Notwithstanding the foregoing, |
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92 | 92 | | 57the administrator shall be eligible for reappointment to an additional five-year term. |
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93 | 93 | | 58 (b) The administrator shall be appointed by the governor and shall serve a term of five |
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94 | 94 | | 59years; provided that in making said appointment, the governor shall choose the administrator |
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95 | 95 | | 60from a list of three candidates presented to the governor from a committee, consisting of seven |
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96 | 96 | | 61individuals comprised as follows: one member appointed to be appointed by the governor, two |
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97 | 97 | | 62members to be appointed by the speaker of the house of representatives, one member to be |
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98 | 98 | | 63appointed by the minority leader of the house of representatives, two members to be appointed |
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99 | 99 | | 64by the senate president, and one member to be appointed by the senate minority leader; provided |
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100 | 100 | | 65further , that said all said appointments shall be made within thirty days of passage of this Act. |
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101 | 101 | | 66 (c) The position of administrator shall be classified in accordance with section forty-five |
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102 | 102 | | 67of chapter thirty, and the salary shall be determined in accordance with section forty-six C of |
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103 | 103 | | 68said chapter thirty. The administrator shall devote his or her full time during business hours to |
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104 | 104 | | 69the duties of the office. 5 of 18 |
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105 | 105 | | 70 (d) The administrator shall, with the advice of the advisory council, have sole charge of |
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106 | 106 | | 71the supervision and administration of the office. The administrator may, subject to fiscal |
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107 | 107 | | 72resources available to support the operations of the bureau, employ and remove such assistant |
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108 | 108 | | 73administrators and other employees and consultants as administrator may deem necessary to |
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109 | 109 | | 74enable the performance of the functions of the bureau; provided that not more than ten percent of |
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110 | 110 | | 75said resources shall be expended on staff in any fiscal year. The provisions of chapter thirty-one |
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111 | 111 | | 76and section nine A of chapter thirty shall not apply to the administrator or to such assistant |
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112 | 112 | | 77administrators and consultants as may be appointed. In making such appointments, the |
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113 | 113 | | 78administrator shall hire individuals who reflect the racial, ethnic and gender make-up of |
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114 | 114 | | 79disparately impacted communities. |
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115 | 115 | | 80 SECTION 4. Subject to the advice of the advisory council, the administrator may apply |
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116 | 116 | | 81for and accept on behalf of the commonwealth any federal, local or private grants of money or |
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117 | 117 | | 82property, whether real or personal, from any source, whether public or private, bequests, gifts or |
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118 | 118 | | 83contributions to aid in the financing of any of the programs or policies of the bureau. Such funds |
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119 | 119 | | 84shall be received by the state treasurer on behalf of the commonwealth and deposited in a |
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120 | 120 | | 85separate account and shall be expended under the direction of the administrator. |
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121 | 121 | | 86 SECTION 5. The bureau, in fulfillment of its purposes, shall have the following duties |
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122 | 122 | | 87and functions: |
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123 | 123 | | 88 (a) to administer and manage the Commonwealth Health, Economic, Education, and |
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124 | 124 | | 89Equity Recovery and Reconstruction Fund, established pursuant to section 2DDDDD of chapter |
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125 | 125 | | 9029, and to effectuate the purposes of the bureau as outlined in this section and in sections 4 |
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126 | 126 | | 91through 14, inclusive. 6 of 18 |
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127 | 127 | | 92 (b) to identify, analyze, evaluate and monitor public policies, programs, services and |
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128 | 128 | | 93regulations promulgated by state agencies (i) in response to recovery efforts pursued in response |
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129 | 129 | | 94to the Covid-19 pandemic and (ii) in the course of state agency activity; provided that a |
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130 | 130 | | 95particular focus shall be on the affect said policies, programs, services or regulations may have |
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131 | 131 | | 96or are likely to have on persons residing in disparately impacted communities. In addition, the |
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132 | 132 | | 97bureau shall have the following specific functions: |
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133 | 133 | | 98 (i) to identify and recommend to the secretary of housing and community development |
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134 | 134 | | 99and to the director of the department of business and technology sources of state, federal and |
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135 | 135 | | 100private funds which are available to mitigate, or can be used to mitigate, the disparate access to |
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136 | 136 | | 101capital and technical assistance available to small businesses owned or operated by individuals |
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137 | 137 | | 102who reside in disparately impacted communities; (ii) to identify and recommend to the |
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138 | 138 | | 103undersecretary for housing and community development and public instrumentalities with the |
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139 | 139 | | 104department of housing and community development sources of state, federal and private funds |
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140 | 140 | | 105which are available to mitigate, or can be used to mitigate, the disparate access to affordable and |
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141 | 141 | | 106adequate housing on the part of individuals and households who reside in disparately impacted |
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142 | 142 | | 107communities; (iii) to identify and recommend to the commissioner of public health sources of |
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143 | 143 | | 108state, federal and private funds which are appropriated or otherwise are available to mitigate, or |
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144 | 144 | | 109can be directed to mitigate, existing and emerging disparate incidences of illness and disease |
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145 | 145 | | 110experienced by individuals and households who reside in disparately impacted communities; |
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146 | 146 | | 111provided that in mitigating such incidences, the commissioner of public health shall expend said |
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147 | 147 | | 112monies in a manner proportionate to the prevalence of said diseases and illnesses among racial |
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148 | 148 | | 113and ethnic minorities; provided further, that the administrator may consult with the office of |
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149 | 149 | | 114health equity as necessary and appropriate to effect the purposes of this subsection; (iv) to 7 of 18 |
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150 | 150 | | 115identify and recommend to the commissioner of elementary and secondary education sources of |
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151 | 151 | | 116state, federal and private funds which are appropriated or otherwise available to mitigate, or can |
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152 | 152 | | 117be utilized to mitigate, disparate access to and outcomes in educational instruction and programs |
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153 | 153 | | 118experienced by students attending schools in disparately impacted communities; |
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154 | 154 | | 119 (c) to set aside an amount not less than fifty million dollars to implement innovative and |
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155 | 155 | | 120strategic re-entry programs targeted to returning citizens, as such term is defined in section ___; |
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156 | 156 | | 121provided, that in implementing said innovative and strategic re-entry programs, the bureau is |
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157 | 157 | | 122hereby authorized to enter into grants, not to exceed five hundred thousand per annum, with |
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158 | 158 | | 123nonprofit organizations with a demonstrated track record of assisting returning citizens in |
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159 | 159 | | 124integrating back into the community; provided further, that the bureau is hereby authorized to |
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160 | 160 | | 125undertake, solely or in conjunction with state agencies, public instrumentalities, municipalities in |
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161 | 161 | | 126which disparately impacted communities are located or nonprofits located in disparately |
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162 | 162 | | 127impacted communities the following activities: |
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163 | 163 | | 128 (i) the development and implementation of family resource and reunification centers in |
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164 | 164 | | 129numerous quadrants of a disparately impacted community; |
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165 | 165 | | 130 (ii) the development and implementation of community-led or neighborhood based, long- |
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166 | 166 | | 131term substance use treatment services dispersed in numerous locations throughout a disparately |
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167 | 167 | | 132impacted community; |
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168 | 168 | | 133 (iii) the development and implementation of community-led counseling services |
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169 | 169 | | 134dispersed in locations throughout a disparately impacted community; |
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170 | 170 | | 135 (iv) the development and implementation of transitional to permanent housing for |
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171 | 171 | | 136returning citizens; and, 8 of 18 |
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172 | 172 | | 137 (v) the development and implementation of community-led post incarceration support to |
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173 | 173 | | 138replace parole and probation In fulfillment of paragraphs (a) and (b), the bureau is hereby |
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174 | 174 | | 139authorized to contract with or provide grant funding to individuals, organizations, corporations, |
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175 | 175 | | 140associations or nonprofit organizations located in disparately impacted communities to carry out |
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176 | 176 | | 141the purpose and functions of the bureau. In fulfillment of paragraphs (a), (b) and (c), the |
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177 | 177 | | 142administrator shall establish and promulgate public guidelines to govern contracts and grants. |
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178 | 178 | | 143 SECTION 6. In order to fulfill the functions of the bureau such information as the |
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179 | 179 | | 144administrator may require from any department, division, board, bureau, commission or agency |
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180 | 180 | | 145shall be made available without delay, upon written request, to any said department, division, |
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181 | 181 | | 146board, bureau, commission, or agency of the commonwealth. |
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182 | 182 | | 147 SECTION 7. (a) The Commonwealth Health, Economic, Education, and Equity in |
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183 | 183 | | 148Recovery and Reconstruction Fund, established pursuant to section DDDDD of chapter 29, shall |
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184 | 184 | | 149be within the bureau. The administrator shall oversee the management and activities of the fund |
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185 | 185 | | 150either directly or through the appointment of a fund director, to be appointed by the |
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186 | 186 | | 151administrator. The bureau, with the advice of the secretary of administration and finance, shall |
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187 | 187 | | 152adopt guidelines to implement the fund. |
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188 | 188 | | 153 (b) The amounts credited to the fund shall be used to support (i) the activities of the |
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189 | 189 | | 154bureau as outlined in sections 3 through 14, inclusive and (ii) new and innovative strategies and |
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190 | 190 | | 155efforts to redress disparities in health, economic and educational outcomes by individuals and |
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191 | 191 | | 156households residing in disparately impacted communities and may be expended, without further |
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192 | 192 | | 157appropriation. To maximize the mitigation of disparate impacts across the policy and program |
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193 | 193 | | 158areas, including but not limited to health, economics and education, the administrator may 9 of 18 |
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194 | 194 | | 159expends such amounts are necessary; provided that the administrator shall not expend, annually, |
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195 | 195 | | 160any more than twenty percent of the amount transferred from the Commonwealth Stabilization |
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196 | 196 | | 161Fund pursuant to section DDDDD of chapter 29. |
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197 | 197 | | 162 (c) Annually, not later than October 1, the administrator shall report to the clerks of the |
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198 | 198 | | 163house of representatives and senate and the house and senate committees on ways and means on |
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199 | 199 | | 164the fund's activity. The report shall include, but not be limited to: (i) the source and amount of |
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200 | 200 | | 165funds received; (ii) the amounts distributed and the purpose of expenditures from the fund; (iii) |
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201 | 201 | | 166any grants provided to stakeholder organizations; and (iv) anticipated revenue and expenditure |
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202 | 202 | | 167projections for the next year. |
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203 | 203 | | 168 SECTION 8. There shall be a designated small business stabilization and support fund |
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204 | 204 | | 169within the bureau. The fund shall be administered and managed by a fund director, who shall be |
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205 | 205 | | 170appointed by the administrator. The administrator shall adopt guidelines that are necessary to |
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206 | 206 | | 171implement the purposes of the fund. The administrator may consult with state agencies, public |
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207 | 207 | | 172instrumentalities, community development financial institutions, and other such organizations as |
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208 | 208 | | 173the administrator shall deem appropriate in the development of said guidelines. The fund shall be |
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209 | 209 | | 174initially capitalized by a transfer of three hundred million dollars from the CCHEERS fund. |
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210 | 210 | | 175Money in or received for the fund may be deposited with and invested by an institution |
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211 | 211 | | 176designated by the bureau and paid as the fund director shall direct. A return on an investment |
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212 | 212 | | 177received by the fund shall be deposited and held for the use and benefit of the fund. The bureau |
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213 | 213 | | 178may make payments from a deposit account for use under this section. The bureau shall use the |
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214 | 214 | | 179fund to make grants, forgivable loans, low-interest loans or a combination thereof to support the |
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215 | 215 | | 180ongoing operations of small businesses located in disparately impacted communities. In |
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216 | 216 | | 181determining whether to make a grant, forgivable loan, low-interest loan or a combination thereof, 10 of 18 |
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217 | 217 | | 182the bureau shall consider whether the action: (i) supports the economic stabilization or expansion |
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218 | 218 | | 183of small business; or (ii) promotes the retention or creation of jobs by the small business; (iii) |
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219 | 219 | | 184promotes employment opportunities for residents of disparately impacted communities; or, (iv) |
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220 | 220 | | 185supports the creation or expansion of a businesses whose success would promote further |
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221 | 221 | | 186economic development activity within the disparately impacted community and enhances the |
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222 | 222 | | 187quality of life of residents of a disparately impacted community. The bureau shall ensure that not |
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223 | 223 | | 188more than fifty million dollars are expended each year to support the making of grants, |
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224 | 224 | | 189forgivable loans, low-interest loans or a combination thereof. The maximum amount of any |
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225 | 225 | | 190grant, forgivable loan, low-interest loan or combination thereof shall not exceed one million |
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226 | 226 | | 191dollars. The bureau shall include an annual summary of activities as part of the report due |
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227 | 227 | | 192annually pursuant to paragraph (c) of section 7. The summary shall include each grant, loan, |
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228 | 228 | | 193forgivable loan, low-interest loan or combination thereof made during the preceding calendar |
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229 | 229 | | 194year and an assessment of the impact each grant, loan, forgivable loan, low-interest loan or |
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230 | 230 | | 195combination thereof. |
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231 | 231 | | 196 SECTION 9. (a) There is established a special fund called the incarceration to |
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232 | 232 | | 197incorporation entrepreneurship fund, which shall be a segregated fund within the designated |
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233 | 233 | | 198small business stabilization and support fund, and which shall be administered by a deputy fund |
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234 | 234 | | 199director to be appointed by the administrator. |
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235 | 235 | | 200 (b) The incarceration to incorporation entrepreneurship fund shall initially be capitalized |
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236 | 236 | | 201by a transfer of fifty million dollars from the designated small business stabilization and support |
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237 | 237 | | 202fund; provided, that the following sources of funds may be deposited into the incarceration to |
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238 | 238 | | 203incorporation entrepreneurship fund: (1) any funds appropriated by the legislature for the 11 of 18 |
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239 | 239 | | 204purposes of this section and section 10; (2) donations from the public; (3) donations from private |
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240 | 240 | | 205entities; and (4) any funds provided through a sponsorship agreement. |
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241 | 241 | | 206 (c) Monies in the incarceration to incorporation entrepreneurship fund shall be used to |
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242 | 242 | | 207implement, operate, and administer the incarceration to incorporation entrepreneurship program |
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243 | 243 | | 208 established pursuant to section 10. |
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244 | 244 | | 209 SECTION 10. (a) There is established within the bureau an incarceration to incorporation |
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245 | 245 | | 210entrepreneurship program, herein after “the program,” a business development program for |
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246 | 246 | | 211returning citizens, which shall be operated by the bureau and whose functions are to: |
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247 | 247 | | 212 (1) provide technical assistance and business development training to returning citizens |
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248 | 248 | | 213who are seeking to operate or are already operating a business enterprise to be located within a |
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249 | 249 | | 214disparately impacted community; provided that said technical assistance and business |
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250 | 250 | | 215development training shall include, but not be limited to, the following: |
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251 | 251 | | 216 (A) Accounting; |
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252 | 252 | | 217 (B) Finance; |
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253 | 253 | | 218 (C) Business management; |
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254 | 254 | | 219 (D) Business planning; |
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255 | 255 | | 220 (E) Budgeting; |
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256 | 256 | | 221 (F) Marketing; |
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257 | 257 | | 222 (G) Business law; 12 of 18 |
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258 | 258 | | 223 (H) Accessing startup capital, and other business startup topics as identified by the U.S. |
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259 | 259 | | 224small business administration and certified community development financial institutions; |
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260 | 260 | | 225 (I) Estimating if the business enterprise is engaged in the construction industry; and, |
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261 | 261 | | 226 (J) Technology training; |
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262 | 262 | | 227 (2) provide micro-investments, in the form of grants, in an amount not to exceed fifty |
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263 | 263 | | 228thousand dollars, to assist returning citizens in the development and operation of a business |
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264 | 264 | | 229enterprise to be located within a disparately impacted community; |
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265 | 265 | | 230 (3) provide ongoing mentorship and support; and |
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266 | 266 | | 231 (4) Provide monthly networking meetings with business leaders, such as: |
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267 | 267 | | 232 (A) business owners; |
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268 | 268 | | 233 (B) representatives of financial institutions; |
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269 | 269 | | 234 (B) angel investors; and |
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270 | 270 | | 235 (C) heads of venture capital and investment firms; and |
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271 | 271 | | 236 (b) For the purposes of implementing this section, the bureau shall confer with other |
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272 | 272 | | 237agencies, organizations, and individuals, including but not limited to, (1) the office of small |
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273 | 273 | | 238business and entrepreneurship, (2) the small business development center, (3) the Black |
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274 | 274 | | 239economic council of Massachusetts, (4) the Hispanic chamber of commerce, (5) the Latino |
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275 | 275 | | 240chamber of commerce, (6) the greater new england minority supplier development council, (7) |
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276 | 276 | | 241the center for women and enterprise, and any other relevant agency or organization that the |
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277 | 277 | | 242bureau consider necessary to meet the objectives of this section. 13 of 18 |
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278 | 278 | | 243 (c) For the purposes of this section, the term "returning citizen" means an individual who |
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279 | 279 | | 244is within six months of release, or has been released, from a local jail, county house of |
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280 | 280 | | 245corrections or a department of corrections facility and who resides in a disparately impacted |
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281 | 281 | | 246community. |
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282 | 282 | | 247 (d) The bureau shall include an annual summary of activities as part of the report due |
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283 | 283 | | 248annually pursuant to paragraph (c) of section 7. The summary shall include: (1) the number of |
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284 | 284 | | 249businesses formed and launched by program participants; (a) The number of businesses formed |
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285 | 285 | | 250by program participants that have sustained operations through the production of the annual |
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286 | 286 | | 251summary, (3) the number of business enterprises owned and operated by returning citizens and |
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287 | 287 | | 252whom the program has provided technical assistance and business development training, and (4) |
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288 | 288 | | 253any other information the bureau deems pertinent to evaluating the program; provided that |
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289 | 289 | | 254program participants may expressly authorize that their anonymity be preserved in the annual |
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290 | 290 | | 255summary. |
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291 | 291 | | 256 SECTION 11. (a) There shall be a commonwealth housing, economic, education and |
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292 | 292 | | 257equity in recovery and reconstruction service corps to be composed of a limited number of |
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293 | 293 | | 258carefully selected men and women, not younger than 17 years of age and not older than 26 years |
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294 | 294 | | 259of age, recruited from disparately impacted communities, to be made available for a limited time |
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295 | 295 | | 260for projects directed toward satisfying unmet community needs. |
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296 | 296 | | 261 (b) The corps shall be governed by a commission, which shall be within the bureau, |
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297 | 297 | | 262consisting of the administrator of the bureau and 14 members to be appointed by the governor; 1 |
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298 | 298 | | 263of whom shall be a member of the Massachusetts Municipal Association; 1 of whom shall be a |
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299 | 299 | | 264member of the Massachusetts AFL-CIO; 2 of whom shall be members chosen from two local 14 of 18 |
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300 | 300 | | 265chapters of the National Association for the Advancement of Colored Persons, 2 of whom shall |
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301 | 301 | | 266be members chosen from local affiliates of the National Urban League, 1 of whom shall be a |
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302 | 302 | | 267member chosen from a Community Health Centers, 1 of whom shall be a member chosen by the |
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303 | 303 | | 268Massachusetts Senior Action Council, 2 of whom shall be members chosen by the Massachusetts |
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304 | 304 | | 269Association for Community Action, 2 of whom shall be members chosen from two community |
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305 | 305 | | 270development corporations, and 2 of whom shall be individuals with expertise in the educational, |
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306 | 306 | | 271training, and development needs of youth, particularly disadvantaged youth; Each member shall |
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307 | 307 | | 272serve for a term of 3 years and shall serve without compensation. A person appointed to fill a |
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308 | 308 | | 273vacancy in the office of a member of the board shall be appointed in a like manner and shall |
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309 | 309 | | 274 serve for only the unexpired term of such member. A member shall be eligible for |
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310 | 310 | | 275reappointment. A chairman of the commission shall be elected annually from the membership. |
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311 | 311 | | 276The bureau shall provide administrative support to the commission as requested. |
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312 | 312 | | 277 (c) The duties of the commission shall include, but not be limited to: (i) contracting with |
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313 | 313 | | 278agencies to administer service projects to address unmet community needs by recruiting corps |
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314 | 314 | | 279members; (ii) reviewing and approving the commonwealth corps plan and annual updates |
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315 | 315 | | 280prepared by each agency; and reviewing each agency’s performance in carrying out its |
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316 | 316 | | 281responsibilities pursuant to this act. Each agency the commission contracts with shall be a |
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317 | 317 | | 282nonprofit organization incorporated pursuant to the provisions of chapter 180 of the General |
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318 | 318 | | 283Laws for the operation of corps projects. |
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319 | 319 | | 284 SECTION 12. (a) Corps members shall be residents of disparately impacted communities |
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320 | 320 | | 285who are not younger than 17 years of age and not older than 26 years of age. Corps members |
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321 | 321 | | 286shall be the responsibility of each contracted agency. Corps members shall undertake meaningful 15 of 18 |
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322 | 322 | | 287service projects addressing unmet community needs in areas including, but not limited to, the |
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323 | 323 | | 288environment, education, health and basic human services and may serve full or part-time; but, |
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324 | 324 | | 289members having direct contact with minor children or vulnerable adults shall be required to pass |
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325 | 325 | | 290a background check. |
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326 | 326 | | 291 (b) Each contracted agency shall, to the extent practicable, ensure that corps members are |
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327 | 327 | | 292placed in corps projects that match their interests, skills and abilities. The contracted agency may |
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328 | 328 | | 293prescribe additional standards and procedures in consultation with the commission. Each |
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329 | 329 | | 294contracted agency may enroll individuals who choose to defer a stipend to serve as a corps |
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330 | 330 | | 295member. Each contracted agency shall seek to enroll individuals who are economically, |
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331 | 331 | | 296ethnically, socially, physically or educationally diverse. |
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332 | 332 | | 297 (c) A corps member shall not be subject to chapter 31 or section 9A of chapter 30 of the |
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333 | 333 | | 298General Laws. Corps members shall not be considered to be an employee of the commonwealth |
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334 | 334 | | 299entitled to the benefit of chapter 152 of the General Laws, nor shall a corps member be |
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335 | 335 | | 300considered to be an employee of the commonwealth for any other purpose. |
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336 | 336 | | 301 SECTION 13. (a) Each contracted agency shall, without limitation and subject to a duly |
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337 | 337 | | 302executed contract with the commission, administer the corps and in so doing shall: (1) provide |
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338 | 338 | | 303the personnel necessary to satisfy its obligations pursuant to the contract with the commission; |
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339 | 339 | | 304 (2) function as or recruit corps sponsors; (3) compensate each corps member via a stipend |
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340 | 340 | | 305that has the value equivalent to fifteen dollar per hour worked, whether a corps member performs |
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341 | 341 | | 306on a full-time or part-time basis, (4) initiate studies and analyses of proposed and implemented |
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342 | 342 | | 307service and volunteer projects, which will aid in addressing local problems; (5) recommend |
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343 | 343 | | 308expansion of corps opportunities to address all unmet community needs; (6) identify the criteria 16 of 18 |
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344 | 344 | | 309it will use to recruit individuals to serve as corps members (7) establish procedures for matching |
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345 | 345 | | 310and placing corps members with corps projects; and (8) establish personnel policies and |
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346 | 346 | | 311procedures for corps members. |
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347 | 347 | | 312 (b) In entering into a contract with an agency, the commission shall give projects meeting |
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348 | 348 | | 313the following criteria preference: (1) projects addressing a well-established unmet community |
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349 | 349 | | 314need or unmet community needs; (2) projects articulating measurable goals, including an |
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350 | 350 | | 315assessment of the impact on the corps members and on the targeted community; (3) projects not |
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351 | 351 | | 316using corps members to replace previously budgeted positions or to reduce overtime, hours of |
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352 | 352 | | 317work or opportunities for advancement for employees or members of corps sponsors; and (4) |
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353 | 353 | | 318direct service projects that give corps members opportunities to provide direct services |
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354 | 354 | | 319addressing unmet community needs including, but not limited to, tutoring or mentoring, |
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355 | 355 | | 320providing health care education, providing services to individuals, families, seniors, homeless |
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356 | 356 | | 321populations, enhancing historic, cultural, and natural resources of the commonwealth, engaging |
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357 | 357 | | 322in environmental restoration projects, or enhancing emergency preparedness and response. |
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358 | 358 | | 323 SECTION 14. There shall be a Commonwealth Housing, Economic, Education and |
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359 | 359 | | 324Equity in Recovery and Reconstruction Service Corps Fund within the bureau. The fund shall be |
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360 | 360 | | 325administered and managed by a fund director, who shall be appointed by the administrator. The |
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361 | 361 | | 326fund shall be established and utilized to support the work of the commission and to support the |
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362 | 362 | | 327costs of contracts entered into by the commission with agencies for the purposes of section 11 |
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363 | 363 | | 328through 13, inclusive. The fund shall be initially capitalized by a transfer of one hundred million |
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364 | 364 | | 329dollars from the CCHEERS fund. Money in or received for the fund may be deposited with and |
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365 | 365 | | 330invested by an institution designated by the bureau and paid as the fund director shall direct. A 17 of 18 |
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366 | 366 | | 331return on an investment received by the fund shall be deposited and held for the use and benefit |
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367 | 367 | | 332of the fund. |
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368 | 368 | | 333 SECTION 15. The advisory council of the bureau shall consist of fifteen persons |
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369 | 369 | | 334qualified by training, experience, or demonstrated interest in the health, economic and |
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370 | 370 | | 335educational inequities or disparities, to be appointed by the governor as follows:— five for a |
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371 | 371 | | 336term of three years, five for a term of two years, and five for a term of one year. Upon expiration |
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372 | 372 | | 337of the term of any appointive member, said member’s successor shall be appointed in like |
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373 | 373 | | 338manner for a term of three years. The governor shall in like manner fill any vacancy for the |
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374 | 374 | | 339remainder of the unexpired term. Said members of the advisory council shall elect a person to |
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375 | 375 | | 340serve as chair and the advisory council shall meet at least quarterly. Members shall serve without |
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376 | 376 | | 341compensation, but may be reimbursed for expenses necessarily incurred in the performance of |
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377 | 377 | | 342their duties. If any member is absent from two regularly scheduled quarterly meetings in any one |
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378 | 378 | | 343calendar year, said member shall be determined to have vacated the member’s appointment to |
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379 | 379 | | 344the council. The chair of the council shall forthwith notify the governor that such vacancy exists. |
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380 | 380 | | 345Said advisory council shall advise the administrator on any matter within the jurisdiction of said |
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381 | 381 | | 346bureau and shall advise the administrator in establishing priorities for bureau activities; and |
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382 | 382 | | 347annually review the programs, budgets and policies of the bureau. |
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383 | 383 | | 348 SECTION 16. Chapter 29 of the General Laws is hereby amended by inserting after |
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384 | 384 | | 349Section 2CCCCC the following new section: |
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385 | 385 | | 350 Section 2DDDDD. There shall be established and set up on the books of the |
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386 | 386 | | 351commonwealth a separate fund to be known as the Commonwealth Covid-19 Health Economic |
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387 | 387 | | 352Education Equity in Recovery Fund. The fund shall be credited with: (i) a transfer, to be made by 18 of 18 |
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388 | 388 | | 353the Comptroller, of eight hundred and fifty million dollars from the Commonwealth Stabilization |
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389 | 389 | | 354Fund, (ii) revenue from appropriations or other money authorized by the general court and |
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390 | 390 | | 355specifically designated to be credited to the fund; (iii) interest earned on such revenues; and (iv) |
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391 | 391 | | 356funds from public and private sources such as gifts, grants and donations to further civics and |
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392 | 392 | | 357history education and professional development. Amounts credited to the fund shall not be |
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393 | 393 | | 358subject to further appropriation and any money remaining in the fund at the end of a fiscal year |
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394 | 394 | | 359shall not revert to the General Fund. |
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395 | 395 | | 360 SECTION 17. Notwithstanding and general or special law to the contrary, this act shall |
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396 | 396 | | 361take effect immediately. |
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